News

Many of our engagements involve matters in which our clients face significant public attention. The following is a list of news stories about the firm, our clients, cases and the results we have achieved.

For those considering investing in projects tied to China’s Belt and Road Initiative (BRI), corruption and bribery are major areas of concern.

In the event of fraud or misconduct allegations, parties and their counsel will need to understand and anticipate how global anti-corruption enforcers might approach such investigations.

Carrying out a series of “stress tests” or appointing an independent third-party examiner are two examples of proactive measures companies can take to mitigate the risk of being on the wrong end of an anti-corruption investigation.

The January 2017 Executive Order “Enhancing Public Safety in the Interior of the United States” broadens the categories of immigrants who can face deportation to include those who pose, in the judgment of an immigration officer, a “risk to public safety or national security.”

Under “Project Red,” ICE has collaborated with state and local law enforcement agencies, the United States Marshals Service, Europol, and Interpol to target and arrest individuals wanted by foreign governments. This is a departure from precedent for the U.S.

In a recent demonstration of Project Red, ICE arrested 105 immigrants and foreign nationals in a five-day enforcement operation in New Jersey. Several of these individuals were the subject of Interpol Red Notices for alleged crimes in their home countries.

In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.

Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.

There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.

A recent meeting between antitrust enforcers from South Korea and the U.S. signals an increase in future collaboration between the U.S. Department of Justice (DOJ) and Korea Fair Trade Commission (KFTC) on cross-border criminal antitrust enforcement.

A greater degree of DOJ-KFTC collaboration will result in increasingly complex multinational antitrust litigation.

When these enforcers take collaborative actions, targets will require equally coordinated defense strategies - likely combining the knowledge of both Korea and U.S. antitrust specialists.

The U.S. government has set its sights on market manipulation and “spoofing” among both traditional and digital currency traders.

For the trading firms and other market participants who could be in the government’s crosshairs, now is the time to plan how you will respond to a subpoena.

Traders and trading firms that find themselves on the receiving end of a subpoena related to spoofing or market manipulation should not immediately assume that cooperation is the best or only way to respond.

The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.

Future U.S. actions could come from any number of directions.

Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.

Litigation funding can bridge the resource gap between smaller technology companies and the multi-national companies (MNCs) who may disregard their rights.

Litigation funding benefits smaller Israeli companies seeking to protect their rights. It also provides start-ups and growth-stage technology companies with the necessary resources to develop a strong case without being impeded by high costs.

A recent decision involving document disclosure in offshore courts presents an opportunity for PRC-based companies to obtain business intelligence.

This decision — which was made in the English Court of Appeal and will likely influence offshore jurisdictions and Hong Kong — has shed light on how nonparties can get copies of court documents, evidence, written arguments and judgments.

To leverage the opportunity effectively, local expertise of offshore court processes and this new decision, in addition to on-the-ground support in PRC, will be needed.